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VCAT Overturns Darebin Council Rejection of McDonald's on High Street, Northcote

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VCAT Overturns Council Rejection, Approves 24/7 McDonald's in Northcote

The Victorian Civil and Administrative Tribunal has ruled that a council cannot reject a development based on the operator's corporate practices, food type, or "cultural fit."

The Victorian Civil and Administrative Tribunal (VCAT) has approved a 24/7 McDonald's restaurant at 323 High Street, Northcote, overturning a November 2024 decision by Darebin City Council to block the development. The tribunal ruled that the council's stated reasons for rejection were not relevant under the relevant planning scheme.

Tribunal Ruling

VCAT member Michael Deidun ruled on Friday that the planning system does not allow a council to reject an application based on the operator's corporate practices, the type of food sold, or the perceived "cultural fit" of the area. Deidun stated that the planning scheme is "somewhat blind to the final operator."

The site at 323 High Street already held a planning permit allowing a cafe or restaurant, which applied regardless of the operator. The site is zoned Commercial 1, where no permit is required for a retail premises including a convenience restaurant. Deidun noted that VCAT had no discretion to oppose the fast food operator on these grounds.

Operating Hours

The tribunal permitted 24/7 operation, noting that the area encourages late-night activity. The restaurant would add three hours beyond the standard 6am–3am permitted window for convenience restaurants in the zone. Objections regarding delivery truck safety, rooftop equipment visibility, and tinted glass were dismissed.

Site Condition

The site has been vacant since a 2023 fire. Deidun noted the property was targeted by trespassers and that the redevelopment would increase surveillance and safety. The McDonald's outlet is expected to restore the building, improve surveillance, and bring 24-hour pedestrian activity and commercial activation.

Investment and Employment

McDonald's stated the restaurant represents a $2 million investment. The project is expected to create approximately 100 construction jobs and 100 ongoing operational positions. McDonald's Australia stated the store will be locally owned and operated by a franchisee.

Community Response

An online petition against the development gathered over 11,000 signatures. The council had initially rejected the permit contrary to its own officers' recommendation. Darebin Council was contacted for comment but has not yet responded.

Broader Context

High Street, Northcote was named the "world's coolest street" by Time Out magazine in 2024.

Similar developments have faced resistance in other Australian inner-city suburbs:

  • In May, the City of Sydney Council rejected a $3 million development application for a 24-hour McDonald's in Redfern, with 17 of 286 public submissions supporting the proposal.
  • A 2025 proposal for a 24-hour McDonald's in Newtown was also rejected by the City of Sydney council. Reasons for rejection included lack of merit, non-compliance with late trading regulations, absence of customer toilets, and potential footpath hazards for delivery drivers.
  • A KFC opened on King Street in Newtown in July last year, replacing an Indian and Sri Lankan restaurant, and received approval.
  • A McDonald's restaurant in Marrickville was approved last year via a Complying Development Certificate, which allowed it to proceed without public or council support. The site was vandalized during construction.